June 2, 2025
The often-delayed trial of a Sudbury businessman accused of defrauding clients of $800,000 resumed Monday with a new defence lawyer, a new judge and a new prosecutor.
While the case against David Murray, owner of EcoLife Home Improvements, is essentially starting over, his new lawyer hopes to have the case tossed.
Adam O’Brodovich of Toronto – Murray’s fifth lawyer – said he is in the process of filing two applications. One is seeking a mistrial, alleging Murray had not properly elected at the first trial.
Murray chose to have an Ontario Court of Justice trial. He could have elected a trial in the Superior court, meaning he could have had a preliminary hearing, which would determine if there was enough evidence to have a trial.
O’Brodovich said Murray didn’t understand that distinction.
He also plans to file a challenge under Section 11B of the Canadian Charter of Rights and Freedoms, the right to a speedy trial.
Murray’s trial began in 2021, but has been delayed because of the COVID-19 pandemic, as he changed lawyers and because the judge hearing the case was not always available.
Now, the trial is basically starting over, even after some 30 days of evidence from Crown witnesses and testimony by Murray.
While witnesses who have already testified will be asked to do so again, transcripts from the first trial can be used by the Crown and defence in connection with evidence given by the witnesses at the first trial.
Four days of trial time have been booked for this week. A total of 32 days of trial time have been scheduled from now through to late July.
The new judge in the case is Justice Sharon Murphy from western Ontario. The new prosecutor is Mitchell Flagg of the province’s Serious Fraud Office.
Murray, 53, pleaded not guilty to 32 counts of fraud over $5,000 dating back from December 2015 to late March 2019.
The estimated total of the alleged fraud is $800,000.
Alleged victims have testified they paid Murray to update their homes or businesses, but the work was not done or completed.
Courtesy of Sudbury Star – June 2, 2025
